Negotiating a shorter rental term

[Mcvj]

Hi guys,

I currently live in Manchester with a friend and we are approaching the end of our first 6-month rental term on our tenancy, we've got another week or so.

I'm planning on moving home to Wales and to be honest, I really don't think I can stick it out here for another 6 months, at the same time I'm not ready to move in a week, I also don't want to mess my house mate around.

Last week, the owners came over to do a valuation on the property which leads me to believe that they are looking to sell. This would be perfect as it could mean that they would want us out with the two months notice that they have to give (?). However there's no guarantee that they will want to sell after seeing the figures.

The ideal situation would be to negotiate a shorter term on the tenancy, or even a rolling contract, how easy is it for this to happen? Is there any detriment to the landlord? Would it be fairly difficult to sort out? I just dont see it that often so I'm not sure if it would be in their best interest to follow through with it?

Any advice gratefully received!

Thanks, Mel

[buildersmate]

In England & Wales, these type of assured shorthold tenancies automatically roll on with the same terms at the end of the initial period unless terminated by one of the sides. You are correct that the landlord has to give you 2 months notice to quit.
Irrespective of whether the landloord is trying to sell the property, nothing changes from your side without the landlord giving you the required notice.
So you don't need to renegotiate anything until you receive the required 2 months notice - then you can decide to try and extend it a leter further if you need more time.
From your side, you can give notice at any time after initial period to terminate the tenancy.
So you don't have 'another week or so' - you have the notice period.

[Mcvj]

Thanks Buildersmate.

So we've received the tenancy agreement in the post, if we don't sign it do we automatically go in to another 6 months?

Or could we avoid signing it and just give a month's notice when we want to leave?

Please excuse my ignorance!

[ladybirder]

I agree with BM. My view is that if you do sign it now you will of course be signing up for another six months. But if you don't sign it you automatically go onto a rolling tenancy whereby either side has to give two months' notice. The Shelter website has lots of useful info on this sort of thing.

[Mcvj]

Thank you so much for that - really useful information! I've just done some more research on it following your advice and its a lot clearer.

The only thing I'm not certain of is the actual agreement. We've had the new 6 month tenancy in the post and we don't want to sign it. Does it automatically go across to a rolling contract legally? Or do I have to have this conversation?

Also, if my flat mate or I decided to leave following the stipulated end date of the fixed-term contract, would we have to give a month;s notice?

Thanks again,
Mel

[ladybirder]

I know if the landlord doesn't offer you a new contract then you automatically go onto a rolling (periodic) one. But as you have been offered one and are not going to sign it I am not 100% sure that the same applies, but I think it does. I would certainly tell your LL that is what you want to do, at least to ensure good relations, it might suit him as well. Do give Shelter a ring (0808 800 4444) who will give you a definitive answer. As regards your current contract, if your LL wanted you to leave at the end of the 6 months he should have given you notice 2 months before the end date.

[Mcvj]

Thanks again to both of you!! xx

[bushbaby_de]

As the landlord has sent you a new contract I think you need to have a conversation with them and say you don't really want to sign a new contract and would prefer to allow the original contract to roll over and become a statutory periodic tenancy. If he doesn't agree, he would then give you two months notice to leave.